TERMS OF SERVICE
Hope and Kindness
Effective Date: May 13, 2026
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 17). BY ACCESSING OR USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH HOPE AND KINDNESS THROUGH INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL, EXCEPT AS OTHERWISE PROVIDED BELOW. PLEASE READ THESE TERMS CAREFULLY.
These Terms of Service (“Terms”) constitute a binding legal agreement between you (“you” or “User”) and Hope and Kindness Partnership LLC, a Florida limited liability company doing business as Hope and Kindness (“Hope and Kindness,” “we,” “us,” or “our”), governing your access to and use of the Website at hopeandkindness.com (the “Website”) and the blockchain-based data-security software-as-a-service platform we provide (collectively, the “Service”).
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” and “User” refer to that entity.
1. Eligibility and Accounts
1.1 Eligibility
You must be at least thirteen (13) years old to use the Service. Users between the ages of thirteen (13) and seventeen (17) may use the Service only through a sub-account established and controlled by a parent or legal guardian who holds the primary account and accepts responsibility for the minor’s use of the Service. By using the Service, you represent that you meet these eligibility requirements and that you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
1.2 Account Registration
To use the Service, you must create an account by providing accurate, current, and complete information and keeping that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately at privacy@hopeandkindness.com of any unauthorized access to or use of your account.
1.3 Individual and Corporate Accounts
The Service offers individual accounts and corporate accounts. Corporate account holders may be permitted to designate authorized users under their account, subject to the terms applicable to corporate accounts at the time of subscription. The corporate account holder is responsible for all activities of its authorized users.
2. The Service
2.1 Description
The Service is a blockchain-based, data-security platform that enables Users to store and manage their own content using blockchain-based encryption. Content that you upload, store, or transmit through the Service (“User Content”) is encrypted in a manner that prevents Hope and Kindness from accessing or viewing it.
2.2 Beta and Early-Access Notice
THE SERVICE IS A NEW RELEASE. FOR AN INITIAL PERIOD FOLLOWING LAUNCH, THE SERVICE MAY CONTAIN BUGS, ERRORS, OR OTHER ISSUES; FEATURES MAY BE ADDED, MODIFIED, OR REMOVED; AND PERFORMANCE MAY BE INCONSISTENT. THE SERVICE IS PROVIDED ON A BEST-EFFORTS BASIS WITHOUT ANY SERVICE LEVEL AGREEMENT OR UPTIME COMMITMENT. YOU ACKNOWLEDGE AND ACCEPT THESE LIMITATIONS AS A CONDITION OF YOUR USE OF THE SERVICE.
2.3 Changes to the Service
We may, at our sole discretion, modify, suspend, add, or discontinue any feature, function, or component of the Service at any time, with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.
3. Subscription, Fees, and Auto-Renewal
3.1 Subscription Plans
Access to the Service is provided on a subscription basis. We offer monthly and annual subscription plans for both individual and corporate accounts. The applicable fees, billing cycle, and features for your subscription will be presented to you at the time of purchase.
3.2 Payment Processing
All payments are processed by our third-party payment processor, Stripe, Inc. By providing payment information, you authorize us (through Stripe) to charge the applicable fees and any applicable taxes to your designated payment method.
3.3 Auto-Renewal
Your subscription will automatically renew at the end of each billing cycle (monthly or annually, as applicable) at the then-current rate, unless you cancel your subscription before the end of the current term. By subscribing, you authorize Hope and Kindness (through Stripe) to charge your payment method on each renewal date. You are responsible for ensuring your payment information is current and accurate.
3.4 Price Changes
We may change subscription fees from time to time. We will provide at least thirty (30) days’ advance notice of any price increase by email to the address associated with your account. Price changes will take effect at the start of the next billing cycle following the notice period. Your continued use of the Service after a price change constitutes your acceptance of the new fees.
3.5 Cancellation and Refunds
You may cancel your subscription at any time by sending a request to our support team. The effect of cancellation depends on your account type:
Except as expressly provided in these Terms or as required by applicable law, all fees are non-refundable.
3.6 Taxes
Fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments. You are responsible for paying all such taxes associated with your subscription, except for taxes based on our net income.
4. User Content
4.1 Ownership of User Content
You retain all right, title, and interest in and to your User Content. Hope and Kindness does not claim ownership of any User Content.
4.2 Operational License
You grant Hope and Kindness a limited, non-exclusive, royalty-free, worldwide license to host, store, transmit, encrypt, back up, and otherwise process your User Content solely to the extent necessary to provide, maintain, and support the Service for you. This license exists only for the duration of your account and only for these operational purposes. The license does not permit Hope and Kindness to access, view, analyze, share, or otherwise use the substance of your User Content. Because User Content is encrypted in a manner that prevents Hope and Kindness from accessing it, our operational license is necessarily limited to handling the encrypted data.
4.3 Your Responsibility for User Content
You are solely responsible for your User Content, including its legality, accuracy, and your right to upload, store, and transmit it. You represent and warrant that you have all rights necessary to provide your User Content through the Service and that your User Content does not violate these Terms or any applicable law.
4.4 No Recovery of Lost Access
Because the Service is designed so that we cannot access your User Content, you are solely responsible for safeguarding any credentials, encryption keys, recovery phrases, or other access information necessary to access your User Content. If you lose access to such credentials or keys, we will not be able to recover your User Content, and your User Content may be permanently inaccessible.
5. Acceptable Use
You agree not to use the Service to:
We reserve the right, but have no obligation, to investigate suspected violations of these Acceptable Use provisions. However, because User Content is encrypted and inaccessible to us, our ability to monitor or investigate the substance of User Content is inherently limited.
6. Intellectual Property Rights
6.1 Our Intellectual Property
The Service, including all software, technology, designs, text, graphics, logos, trademarks, and other materials provided by Hope and Kindness, is owned by Hope and Kindness or its licensors and is protected by United States and international intellectual property laws. Except for the limited rights expressly granted to you in these Terms, no rights are granted to you, by implication or otherwise, in or to the Service.
6.2 Limited License to You
Subject to your compliance with these Terms and timely payment of applicable fees, Hope and Kindness grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal use (in the case of an individual account) or internal business use (in the case of a corporate account).
6.3 Feedback
If you provide us with any feedback, suggestions, ideas, or other input regarding the Service (“Feedback”), you grant Hope and Kindness a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, modify, and incorporate the Feedback into the Service or any other Hope and Kindness offerings, without any obligation to you.
6.4 Copyright Complaints / DMCA
Hope and Kindness respects the intellectual property rights of others. If you believe that material accessible through the Service infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) by contacting us at privacy@hopeandkindness.com with the information required by 17 U.S.C. § 512(c)(3). We are in the process of designating a registered DMCA agent and expect to do so within thirty (30) days following the public launch of the Service; once designated, the agent’s contact information will be made available on the Website and registered with the U.S. Copyright Office. Because User Content is encrypted and inaccessible to us, our ability to remove infringing material may be limited to suspending or terminating the responsible account.
7. Privacy
Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge and agree to the practices described in the Privacy Policy.
8. Suspension and Termination
8.1 Termination by You
You may terminate your account at any time by sending a cancellation request to our support team. Termination will be effective in accordance with Section 3.5.
8.2 Suspension and Termination by Us
We may suspend or terminate your access to the Service, in whole or in part, at any time and with or without notice, if we believe in good faith that: (i) you have breached these Terms, including the Acceptable Use provisions in Section 5; (ii) your account is past due or your payment method has failed; (iii) your use of the Service poses a security, legal, or operational risk to us, other users, or third parties; (iv) we are required to do so by law, regulation, court order, or governmental request; or (v) we cease offering the Service generally.
8.3 Effect of Termination
Upon termination of your account, your right to access and use the Service will immediately cease. Following termination, your account information will be retained and then deleted in accordance with our Privacy Policy. Because we do not have access to your User Content, we cannot retrieve, export, or restore it on your behalf following termination. You are solely responsible for retaining any access credentials and copies of your User Content.
8.4 Survival
The following provisions survive any termination of these Terms: Sections 3 (with respect to fees accrued prior to termination), 4.3, 4.4, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and any other provisions that by their nature should survive.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOPE AND KINDNESS, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, HOPE AND KINDNESS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK OF USE OF THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the warranties are limited to the minimum extent permitted by law.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOPE AND KINDNESS, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOPE AND KINDNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOPE AND KINDNESS’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT OF FEES YOU ACTUALLY PAID TO HOPE AND KINDNESS FOR THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this Section 10 apply to the maximum extent permitted by law, even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such limitations are not permitted, our liability is limited to the minimum extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold harmless Hope and Kindness, its affiliates, and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your access to or use of the Service; (ii) your User Content; (iii) your violation of these Terms; (iv) your violation of any applicable law or regulation; or (v) your violation of any rights of a third party.
Hope and Kindness reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
12. Third-Party Services
The Service relies on third-party service providers, including Amazon Web Services, Inc. for hosting infrastructure and Stripe, Inc. for payment processing. Your use of the Service is subject to the applicable terms and privacy policies of these third-party providers. Hope and Kindness is not responsible for the acts, omissions, or service interruptions of third-party providers, except to the extent expressly required by law.
13. Export Controls and Sanctions
The Service may be subject to U.S. export control laws and regulations, including the Export Administration Regulations and economic sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). You represent and warrant that: (i) you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions; (ii) you are not identified on any U.S. government list of restricted or prohibited persons; and (iii) you will not access or use the Service in violation of any applicable export control or sanctions law. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Service.
14. Force Majeure
Hope and Kindness will not be liable for any delay or failure to perform under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, third-party service provider failures, cyberattacks, or pandemics.
15. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to Section 17 (Dispute Resolution), the state and federal courts located in Orange County, Florida will have exclusive jurisdiction over any dispute, claim, or matter not subject to arbitration, and you consent to the personal jurisdiction of such courts.
16. Informal Dispute Resolution
Before initiating any formal proceeding, you and Hope and Kindness agree to attempt to resolve any dispute informally. You must first send a written notice of the dispute to privacy@hopeandkindness.com, describing the nature and basis of the claim and the relief sought. The parties will then attempt in good faith to resolve the dispute through negotiation for at least sixty (60) days following receipt of the notice. If the dispute is not resolved within that period, either party may proceed to arbitration in accordance with Section 17.
17. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.
17.1 Agreement to Arbitrate
Except as provided in Section 17.5, you and Hope and Kindness agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) that is not resolved through informal dispute resolution will be resolved exclusively through final and binding individual arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
17.2 Arbitration Procedure
The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (for individual users) or Commercial Arbitration Rules (for corporate users), as in effect at the time the arbitration is initiated, except as modified by these Terms. The AAA rules are available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration will be Orange County, Florida, unless the parties agree otherwise; arbitration hearings may be conducted by telephone or video conference where permitted by the AAA rules. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
17.3 Class Action Waiver
YOU AND HOPE AND KINDNESS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
17.4 Jury Trial Waiver
YOU AND HOPE AND KINDNESS EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
17.5 Exceptions
Notwithstanding the foregoing, the following claims are not subject to arbitration: (i) claims that may be brought in small claims court, provided the claim remains in small claims court and is brought on an individual (non-class) basis; (ii) claims for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights; and (iii) any claim that, under applicable law, cannot be required to be arbitrated.
17.6 Opt-Out
You may opt out of this arbitration agreement by sending written notice to privacy@hopeandkindness.com within thirty (30) days after you first accept these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
17.7 Severability of Arbitration Provisions
If any portion of this Section 17 is found to be unenforceable, the remainder of this Section 17 will remain in effect, except that if the class action waiver in Section 17.3 is found unenforceable as to any claim, that claim will be severed from arbitration and may proceed in court, while all other claims will proceed in arbitration.
18. General Provisions
18.1 Entire Agreement
These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and Hope and Kindness regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Hope and Kindness.
18.2 Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will notify you by email to the address associated with your account and by posting a notice on the Website at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to cancel your account.
18.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified or limited to the minimum extent necessary to make it valid and enforceable.
18.4 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.
18.5 Assignment
You may not assign or transfer these Terms or any of your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provision is void. We may freely assign or transfer these Terms in whole or in part, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.
18.6 Relationship of the Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Hope and Kindness.
18.7 Notices
We may provide notices to you by email to the address associated with your account or by posting notices on the Website. You may provide notices to us by email to privacy@hopeandkindness.com or by mail to the address below. Notices are effective upon receipt.
18.8 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
19. Contact Us
If you have questions about these Terms, please contact us:
Hope and Kindness Partnership LLC d/b/a Hope and Kindness
1060 Woodcock Road, Suite 128
Orlando, Florida 32803
United States
Email: privacy@hopeandkindness.com
Website: hopeandkindness.com
© 2026 Hope and Kindness Partnership LLC. All rights reserved.
Copyright © 2026 Hope and Kindness - All Rights Reserved.
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